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​The Good For Manly four year fight against the Manly Oval car park plan, spearheaded by former Manly Councillor Candy Bingham, has been fully vindicated now that independent assessments into the controversial project have been released - and they are as damning as it gets!

A full copy of the reports by Ernst & Young and Value Networks can be downloaded below. In summary they highlight:

The Oval Car Park project presented a significant risk to council and its ratepayers and should not go ahead. The Geotech investigation of soil, rock and water conditions under the oval was totally inadequate; no RMS traffic management approval had been granted, contrary to normal practice; council reports missed the fact that the water table was 1 -1.5 metres above the floor level of the upper level of thecar park, and other council reports were inaccurate and out of date.

The cost of car park was significantly underestimated by council at $28m vs the more likely cost of $45-$50m. All risks were put on the council which would have had to pick up the additional costs.

Council assumed significant contract risks which were likely to increase the final costs of the Manly Oval Car Park. The council did not use the standard Government Contract but rather a private enterprise one which did not properly protect the Council or ratepayers.

the car park specifications were so vague, that there were virtually no evaluation criteria for the in-house evaluation panel to use to evaluate the competing tenders. Could this be why a non-conforming tender appeared to be given preferential treatment?

And most importantly ….

Not even the basics were done on this multi-million dollar commitment - no business case was ever prepared, and the General Manager several times actually refused to put a motion on the agenda calling for a business plan to be prepared.

​“The Manly community, all the non-Liberal Manly councillors, and my community group Good For Manly, have been incredibly worried about this reckless project from the start,” Mrs Bingham said. “Now that we have seen the independent reports, the reality was probably even worse than we thought.”

She said that the project, which was pushed by former Mayor Jean Hay and GM Henry Wong, lacked even the most basic of business principals.

“This was a huge project for Manly - it involved building what would most likely have been a $50M car park in difficult, water logged ground under the sports oval. To finance it we would have had to accept a non-complying commercial and residential development in the heart of Manly village,” Mrs Bingham said.

“Despite all that, the reports found that the council did not even have a business plan; there was no adequate financial risk assessment; the specifications for the oval car park were hopelessly vague and the total cost of building the oval car park was significantly underestimated. And the contract the council eventually signed actually transferred all the car park project risks to the council and its ratepayers."

These failings, along with other serious concerns, were so grave, that both independent reports recommended the project should be terminated, despite Manly Council having already signed contracts with developers just days before its amalgamation.

Mrs Bingham said Council general manager Henry Wong and Mayor Jean Hay, who were the main drivers of the project, had been warned time after time that the plans were flawed.

“We have been asking for a business plan since day one”, Mrs Bingham said “In the end it got so bad we couldn’t even discuss it in council. I tried to put a motion on the council agenda asking for a business case to be developed and the general manager refused. He didn’t have the right to, but he did it anyway. I then asked Mayor Jean Hay to debate the item as a matter of urgency but she refused too. "

Mrs Bingham said the reports also revealed that although the oval car park had been ‘sold’ as parking for locals and shoppers, the General Manager had told developers to design the car park for commuters.

“That is just appalling,” Mrs Bingham said. “While Henry Wong was promoting the plans by promising they would increase parking spaces in Manly, (which in fact they wouldn't due to the number of parking spaces that were to be removed from the streets), what he was actually doing was removing our locals' car park, and putting up a commuter car park instead.”

“Whistler St car park is used by 425,000 cars each year. If you assume an average spend per car of $20, then pulling the car park down means Manly retailers would lose almost $10 million every year. That would have gutted Manly Village as a retail and commercial precinct.”

Mrs Bingham also pointed to Manly Council’s track record with new infrastructure. “The car park would have been the same as the swimming pool debacle. The GM said the pool upgrade would cost $15M. It cost $28M plus no allowance had been made for the $900,000 annual additional staff costs. The car park would have been the swimming pool on steroids.”

Mrs Bingham acknowledged the hard work of Good For Manly, community group Save Manly Oval Alliance, the non-Liberal councillors Barbara Aird, Cathy Griffin and Hugh Burns, the North Harbour Precinct and the Manly community in the oval car park battle. And she called for those responsible to be held to account.

“Given the damning nature of these reports, I believe Northern Beaches Council should consider taking action against former GM Henry Wong for misleading the council and entering into contracts that had no hope of being delivered for the approved budget,” Mrs Bingham said.

“The reports are also an indictment on the former Liberal block of five councillors, who were derelict in their duty to the community they were supposed to represent.

“Serious questions still remain about who was to benefit from the two projects - it certainly wasn't the community”

The Northern Beaches Council is left with trying to sort out the mess, including massive claims for compensation from Built/Athas who were awarded the tender for the Whistler Street site.

Legal action against Wong and Hay, full investigation of what other benefits they or others may have received from the developments and full disclosure of what compensation is due to the contracted parties. This is a disgrace and always smelt like a dodgy deal. Jean Hay's arrogance and attitude of untouchability has finally brought her undone.

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Gay O'Connor

3/5/2017 04:13:08 pm

Now I understand why Jean Hay retired - didn't want to show her face to ratepayers.

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Adrian Boothman

28/4/2017 07:43:30 am

There definitely needs to be some kind of legal action against Jean Hay and any Council staff who were in breach of the Council's own guidelines and NSW Planning regulations. However, with a Liberal Government in NSW, not much if anything will end up happening.

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Mark Arnesen

28/4/2017 07:44:44 am

Convenient that this report only comes out after the By-election ?

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Douglas Brooker

28/4/2017 07:48:44 am

The general manager(Wong) drove both the pool project and the car park development in light of all the expenditure, lack of disclosure and due process he should not be able to just resign and run away.

There are serious discrepancies here and with the public office he held he has to account for his actions.

The rate payers of the northern beaches will be paying for his actions for many years to come.

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Peter Monckton

28/4/2017 08:20:25 am

Great work well rewarded Candy. The previous Liberal block Council had lost touch with the community, failed to consult with anyone and stone walled any debate.
It is such a relief that those fights which we all fought are largely over....some won (Little Manly and the Carpark) and some lost (Pool).

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Lisle

28/4/2017 09:15:57 am

The evening of October 10, 2010 is indelibly imprinted in my memory. This was the night when former Mayor Jean Hay AM tabled the nearly 200 page NSW Ombudsman Report into Manly Council. I have never seen so many lawyers at a council meeting.
For those who have not read this Report, it outlined in detail how Manly Council operated. It was a devastating Report, to which the Mayor said she had fixed everything up! Famous last words.
Then cleverly, the Mayor and the General Manager created a diversion which was launched by the Manly Daily in November 2010.
The diversion was called Manly2015 and included the Manly Oval Carpark., which took on a life of its own.
Then at the 2016 council elections, the Liberal Party faction made no mention whatsoever of the Manly Oval Carpark. The Manly Community had every right to believe it had disappeared.back into the bottom drawer of past failed plans.
For the former Mayor to be still defending the proposal indicates that she had lost sight of why she had been elected, and instead worked with the General Manager to commit the Council to unviable developments without proper up to date documentation. transparency. and community input.
This culminated on the night just prior to council amalgamation when an illegal meeting was held and the public was locked out of Council Chambers guarded by police and rangers to pass the various contracts.
Without Candy Bingham, and the team of experts she had assembled, nothing would have stopped this development.
The former Mayor was arrogant throughout, and it is for this reason that a full investigation must take place, as to how it was possible for the Manly Oval Car Park to proceed to contracts being signed.
The Manly Daily reports today: "Manly MP-elect James Griffin was also one of the Liberals who voted for it.
"A number of the (report) elements were disappointing to read because you are making decisions on the information and facts in front of you," he said.
No, Mr Griffin, you did as you were told by the Mayor.

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Candy Bingham

28/4/2017 01:15:37 pm

Thanks Llisle for raising the Ombudsman reports against Henry Wong. Actually there were two - both of which were totally ignored and shelved by the Liberal dominated council. Copies are on our website. Just search Ombusman Reports or click on Category listing in this News blog.

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Lisle

28/4/2017 02:14:14 pm

Just a reminder that 7.2 of the Report Recommendations of the 2010 NSW Ombudsman's Report read:
"The elected Council reviews the performance of the General Manager in light of the information in this report."
What did former Mayor Jean Hay AM do?
Sign another contract!

roth miller

28/4/2017 09:37:59 am

All reports aside, ultimately the jokes on us as we now have James Griffin as our state representative for the foreseeable future. So thank you to those who vote solely on party lines despite the pathetic behaviour of this individual, who are too apathetic to care about our future, who are self-serving & choose to ignore the facts....................can't wait for his maiden parliamentary speech in which he will no doubt outline his legacy & his exemplary contribution to our local government area!

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David Jones

28/4/2017 09:56:59 am

The collusion between Jean Hays and Henry Wong is cupable.
The errors in their costings were identified years ago, and the business incompetence of these parties is now obvious to all ratepayers.
Without the work of Candy and her team, the result would have been a complete disaster for all ratepayers.
Legal action against both parties is an obvious conclusion

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Warren Riley

28/4/2017 10:17:03 am

What a debacle. Even worse than a sceptic such as myself could have imagined. I am amazed that Wong has been able to manipulate numerous councils eg Lane Cove, Holroyd and Manly for years. And sadly he has received the support of people who we trusted, eg the Wong five. It is a shame that this info wasn't available years ago. Friends
of mine who reside in Lane Cove, were aware of similar practices even including a refurb of their swimming pool by guess who, FDC. I note on the Strathfield Council website. That Henry has submitted a "10 yr strategic plan" highlighting extensive improvements including to sporting
Facilities. Don't people do their due diligence these days.

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Lee Murrell

28/4/2017 10:20:47 am

For years, I understand, Coucil GM's pay was based on funds spent by Council. If this is still the practise, :nut said! Lee

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Candy Bingham

28/4/2017 01:17:54 pm

Actually the GM's pay was based on a base rate set by the State Government. Nonetheless, he was very well paid!

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Robert

28/4/2017 10:43:41 am

It is clear justification of all the long hours and hard work which you Candy, and your many colleagues have put in to resist this unfortunate project.

My impression from public commentary is that the 'contract' entered into by the Council was not approved in a form which accords with local body legislation and as such, therefore may not have been properly approved by the Manly Council.

Perhaps the Northern Beaches Council in protecting its ratepayers should now question and not accept the validity of that contract and accordingly not entertain compensation for the contractors involved.

Due to the publicity at the time, the contractors were on notice and should or could have taken steps, made enquiries and taken legal advice to satisfy themselves that the Council Officers entering the contract purportedly on behalf of the Council, were acting within their proper authority and not acting 'ultra vires'..

If that contract was invalid and was signed by Council Officers without proper and lawful authorisation of the Council, then it would seem that the Contractors redress should not be against the Northern Beaches Council but rather those Council Officers concerned (and their insurers) who should have known they were in this instance acting without proper authority.

This might have a steadying influence in future, encouraging Council Officers to not take a high-handed approach in their conduct and duties as public officials in local body affairs.

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Candy Bingham

28/4/2017 01:20:55 pm

Unfortunately the contract is valid because it was "signed in good faith" by the contractors who would have had no way of knowing what a debacle the situation was.

The fact that Wong used a private enterprise contract rather than the standard Government one which protects the Council and ratepayers certainly raises a lot of questions.

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Bruce Webb

28/4/2017 12:59:05 pm

There was so much about this project that not only stank from a project point of view but also the blatant disregard by the Liberal Councillors and Jean Hay of their duties under the Local Government Act.

I believe there needs to be legal proceedings taken against all the parties involved, not just Jean Hay and Henry Wong but also the jelly backed liberals who voted on party lines.

With James Griffin now the State member it now begs a question as to his capabilities and competency to represent the area at a State level, he certainly did not do it for the residents and ratepayers of Manly.

This whole issue is a prime example of political largess, and where the politicians are only in the game for their own ends, certainly not the people they purported to represent.

Jean Hay's legacy is not the car park she wanted but one of a person who was so far out of their depth it's not funny.

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Bruce Webb

28/4/2017 01:06:49 pm

Having read the reports, it is interesting to see there is information that has been redacted.

I would have expected this to be completely open, Manly Council does not exist any longer so there is no reason to hide information and it would be of interest to those ratepayers of the old Warringah and Pittwater Councils to actually see what they would have been up for if the thing had gone ahead.

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Candy Bingham

28/4/2017 01:24:25 pm

As the matter is still under negotiation with Built/Athas it was necessary for some information to be retracted for legal reasons however I do commend the Council for releasing the reports now, rather than waiting a further six months when the negotiation period finishes.

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Claire Taverner

28/4/2017 02:27:09 pm

Candy thank you so much for everything you did in leading the informed, passionate and dignified protests against this debacle over the past few years.

It makes me so sad that Jean Hay, Henry Wong and their flock of sheep will get away with this, but at least the environmental and financial disaster for Manly has (mostly) been avoided. A relatively small interest debt (vs what could have been) is a small price to pay.

How can we prevent this autocratical farce happening again? Either to us in Manly/NBeaches or to other councils who will have the misfortune to line Henry Wong's pockets...?

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Lisle

28/4/2017 03:26:51 pm

How is this prevented?
Simply by the community becoming involved in local government matters, and not taking things for granted.
Jean Hay had been around a long time in Manly Council, and there seemed to be an acceptance of activities taking place which were not in the best interests of the community.
Had it not been for Candy Bingham, Barbara Aird, Hugh Burns and Cathy Griffin fighting on our behalf, matters could have been worse, but that is no consolation
Henry Wong is now acting General Manager at Strathfield which asks the question - why?

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Elsie

28/4/2017 05:07:33 pm

Henry Wong is now GM of Strathfield Council. There is a redevelopment of parkland into carparking and function centre there. Once again, all very much deals behind closed doors. No community engagement, no tenders. Look at Western Suburbs Dog Training Club's Facebook page, that poor non profit is being pushed out. How is it possible that this keeps happening?

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Paula Williscroft

29/4/2017 09:23:23 am

I'd be keen to support legal action should this need to be crowd sourced!!! I would also like to see full investigation into the pool including the relationships and transactions between council and the contractor... follow the money....

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Roger James

29/4/2017 09:03:12 pm

What does our ex premier have to say about his lack of preparedness to get involved (even though he was well aware of the significant opposition to the carpark)?
Is our current premier aware of the past efforts of her new member for Manly?
Has our ex mayor made any comments on the reports?
Is Strathfield Council aware of this fiasco and been given copies of the reports?
Has the driving force behind the development been nailed? Is there any evidence to suggest that money was to change hands?
Has Mr Wong's closure of the lower level of Whistler Street carpark been reversed?
Thank you Candy and the Good for Manly team - a great result.
Roger James

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Evelyn Shervington

1/5/2017 10:44:36 am

Our community thanks must go to Candy and her 'Good for Manly' organisation. It is a pity that it is unlikely that legal action will be taken against Henry Wong, Jean Hay or James Griffin.

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Gay O'Connor

3/5/2017 04:16:37 pm

My family and I second that vote of thanks to Candy and her team.

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Warren Riley

3/5/2017 12:05:53 pm

I just finished reading the reports on the Oval Car Park. And I must say that the We all owe the leaders of the SMOA a HUGE thank you for being able to stop this impending disaster. The only positive part of the report is accolades given to SMOA for their expertise and tenacity. It was interesting to note, the incredible lack of judgement shown by the GM in even proposing this plan. Both independent bodies panned the lack of:
1. Business Case, 2. Financial Analysis, 3. Risk Analysis, 4. Procurement Methods. They concluded also that the contract allowed very liberal conditions to the developer in the event of Geophysical problems, which could have been crippling to the Council. One wonders how Mr. Wong with his vast experience could make such basic errors. It also brings into questions the ability of those councillors who blindly supported him. Warren

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